IN THE CASE OF:  	  

		BOARD DATE:  27 August 2015	  

		DOCKET NUMBER:  AR20150000790 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his tours in Korea.

2.  The applicant states, in effect, he served two tours in Korea and that service was inadvertently omitted from his DD Form 214.

3.  He provides numerous military orders, awards, and his DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.



2.  He enlisted in the Regular Army on 9 June 1965 and served until he was honorably retired.

3.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in:

* Republic of Vietnam (RVN), from 29 April 1966 to 29 April 1967
* RVN, from 4 September 1969 to 7 April 1971
* Germany, from 29 April 1975 to 24 May 1978
* Korea, from 1 December 1979 to 18 November 1980
* Germany, from 30 August 1982 to 17 December 1989
* Southwest Asia, from 29 June to 22 August 1991
* Korea, from 27 July 1992 to 21 June 1993

4.  He retired on 30 June 1995 and the DD Form he was issued at the time covered the period 7 October 1977 through 30 June 1995.  This DD Form 214 shows in: 

a. Item 12f (Foreign Service) that he completed 9 years, 11 months, and 
13 days.  

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Legion of Merit
* Bronze Star Medal 
* Purple Heart
* Meritorious Service Medal (4th Award)
* Army Commendation Medal with Combat Distinguishing Device “V”
* Army Commendation Medal (5th Award)
* Army Achievement Medal (3rd Award)
* Presidential Unit Citation (Army-Air Force)
* Army Good Conduct Medal (10th Award)
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal
* Southwest Asia Service Medal
* Noncommissioned Officer’s Professional Development Ribbon with Numeral 4
* Army Service Ribbon 
* Overseas Service Ribbon (3rd Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal with First Class Unit Citation
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Combat Infantryman Badge
* Aircraft Crewman Badge 
* Parachutist Badge 

5.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.

* Item 12f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214
* Item 13 shows awards and decorations

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

	c.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His service coincides with Southwest Cease-Fire campaign (12 April 1991 to 30 November 1995).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that during the period covered by his DD Form 214 he completed tours in Germany and Korea totaling over 9 years of overseas service and this foreign service is captured in item 12f of his DD Form 214.  There is no provision in the regulation to list the specific country of foreign service on the DD Form 214.  However, he is authorized awards for this service that are not listed on his DD Form 214.

2.  His service in Korea qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.  The applicant may use this Record of Proceedings and the Korea Defense Service Medal to confirm his service in Korea.

3.  He served in Southwest Asia from 29 June to 22 August 1991.  This period of service qualifies him for award of the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He was awarded the Southwest Asia Service Medal and he served in the designated area during one campaign.  Therefore, he is entitled to correction of his DD Form 214 to show he is authorized to wear a bronze service star on his previously-awarded Southwest Asia Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his final DD Form 214 the Korea Defense Service Medal, Kuwait Liberation Medal (Kuwait), and a bronze service star with his previously-awarded Southwest Asia Service Medal.









2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to include a specific entry showing his tours in Korea.



      ____________X____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20150000790





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ABCMR Record of Proceedings (cont)                                         AR20150000790



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